Uttarakhand Judiciary Mock Test 2023 series is for those candidate who are preparing for Uttarakhand Judiciary and UKPCS 2023. By giving this test you can check your preparation and weakness as well. This is first test of UKPCS and Uttarakhand Judiciary Test Series and it consists question from Civil Procedure Code, Criminal Procedure Code and Indian Evidence Act.
Uttarakhand Judiciary Mock Test 2023
This if first test of Uttarakhand Judiciary Mock Test Series. It consists of 90 Questions in total including 30 questions from each Civil Procedure Code then Criminal Procedure Code and in the last section from Indian Evidence Act.
Legal Jurist First Uttarakhand Mock Test
Total No. of Question 90
LEGAL JURIST MOCK TEST SERIES
Test – 1
CPC – CrPC – IEA
Q.1 Under the provisions of Civil Procedure Code plea of adverse possession is a defence
available
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property
Q2. Which of the following is not a decree
(a) dismissal in default
(b) rejection of a plaint
(c) both (a) & (b)
(d) neither (a) nor (b)
Q3. Basis of distribution of the jurisdiction of Indian Courts is
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject matter jurisdiction
(d) all the above.
Q4. Res—judicata applies
(a) when the matter is directly & substantially in issue in two suits and should have been decided on merits
(b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title (c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised
(d) when all (a), (b) and (c) combine
Q5. Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
Also Read Landmark Cases of Constitution of India
Important Amendments of Constitution of India
Q6. corporation, under section 20 of CPC, is deemed to ‘carry on business at
(a) its principal office in India
(b) its subordinate office in India
(c) both (a) & (b) ‘
(d) either (a) o; (b).
Q7. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).
Q8.On account of rnis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is
a) liable to be dismissed
b) cannot be dismissed
c) may be dismissed or may not be dismissed as per the discretion of the court
d) either (a) or (b)
Q9. Which of the following legal pleas need not be pleaded
(a) estoppel
(b) limitation
(c) res-judicata
(d) none of the above
Q10. Copy of the judgment shall be made available to the parties, under Order XX, Rule 1(2) of CPC
(a) after 7 days from the pronouncement of judgment
(b) immediately after the pronouncement of judgment
(c) after 14 days from the pronouncement of judgment
(d) after 21 days from the pronounce-ment of judgment
Q11. Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under
(a) Order IX, Rule 1 of CPC
(b) Order IX, Rule 2 of CPC
(c) Order IX, Rule 3 of CPC
(d) Order IX, Rule 8 of CPC.
Also Read Important Mcqs of CrPC
Q12. Remedies available against an ex-parte decree include
(a) appeal
(b) review
(c) application for setting aside the decree
(d) all the above.
Q13. Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of CPC, the party is
(a) excluded from filing the same at a subsequent stage of the proceeding
(b) not excluded from filing the same at a subsequent stage ofproceedings, but can file the same only with the leave of the court
(c) not excluded from filing the same at a subsequent stage of proceedings without any leave of the court
(d) either (a) or (c).
Q14. Where a party wishes to appear as a witness, as a general rule
(a) the party shall appear as a witness after all other witnesses are examined
(b) the party shall appear first before any witness on his behalf has been examined
(c) the party has the discretion to appear either before or after examination of other witnesses (d) as directed by the court.
Q15. Compensatory costs are imposed
(a) under section 35 of CPC
(b) under section 35A of CPC
(c) under section 35B of CPC
(d) all the above.
Q16. Provisions of section 39 of CPC are
(a) permissive & not mandatory
(b) mandatory & not permissive
(c) mandatory & discretionary
(d) none of the above.
Q17. Section 56 of CPC prohibits, arrest & detention, in execution of a decree, of
(a) a minor boy
(b) a minor girl
(c) a woman
(d) all the above
Q18. A garnishee order is an order
(a) prohibiting the judgment debtor’s debtor from making any payment to the judgment debtor
(b) directing the judgment debtor’s creditor to take the payment from the judgment debtor’s debtor
(c) permitting the judgment debtor’s debtor to make the payment to the judgment debtor
(d) either (a) or (b) or (c)
Q19. Abatement of suit can be set aside
(a) under Order XXII, Rule 9 of CPC
(b) under Order XXII, Rule 10 of CPC
(c) under Order XXII, Rule 10 of CPC
(d) under Order XXII, Rule 11 of CPC.
Q20. For issuance of commission, section 75 is
(a) exhaustive
(b) prohibitory
(c)illustrative
(d) none of the above.
Q21. Which of the following can be done under section 94 of CPC
a) issuance of warrant of arrest against the defendant
b) attachment of any property
c) grant of temporary injunction
d) all the above
Q22. Attachment of property attached shall remain operative under Order XXXIX, Rule 2A of CPC for a period of
(a) three years
(b) two years
(c) one year
(d) six months
Q23. ‘Guardian at litem’
(a) is a person defending a suit on behalf of a minor
(b) a receiver
(c) a local commissioner
(d) all the above
Q.23 In case the application for permission to sue as pauper is allowed, the suit is deemed to have been instituted
(a) on the date of presentation of the application for permission to sue as a pauper
(b) on the date on which the permission to sue as pauper granted
(c) either (a) or (b) as directed by the court
(d) only (b) ¬ (a)
Q24. Period of limitation for filing a summary suit is
(a) 6 months from the date when the debt becomes due & payable
(b) one year from the date when the debt becomes due to payable
(c) two years from the date when the debt becomes due and payable
(d) three years from the date when the debt becomes due and payable.
Q25. A judgment can be reviewed on the ground of
(a) discovery of new‘& important evidence, not within the knowledge of the party concerned
(b) mistake of error of fact or law on the face of the record
(c) both (a) 8: (b)
(d) neither (a) nor (b).
Q26. Under section 83 of CPC, an alien enemy residing in India without the permission of the Central Government
(a) can sue in any court only with the permission of the Central Government
(b) can sue in any court with the permission of the State Government of the State where he is residing
(c) either (a) or (b)
(d) cannot sue in any court at all.
Q27. Where a plaintiff fails to present the required copy/copies of the plaint along with the requisite fee within the prescribed period under Order VII, Rule 9 of CPC from the date of the order of serving of summons on the defendant, the plaint is liable to be
(a) rejected
(b) dismissed for non-prosecution
(c) dismissed in default
(d) neither (a) nor (b) nor (c)
Q28. Admission of fact(s) once made under Order XII, Rule 4 of CPC, can be allowed to be
(a) amended
(b) withdrawn
(c) either (a) or (b)
(d) neither (a) nor (b).
Q29. Supreme Court in which among the following cases observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid?
(a) Salem Advocate Bar Association, Tamil Nada v. Union of India
(b) Delhi High Court Bar Association v. Union of India
(c) Allahabad High Court Bar Association v. Union of India
(d) Punjab & Haryana High Court Bar Association v. Union of India.
Q30. Civil Suit for administration of assets belonging to living debtor
(a) is maintainable
(b) is not maintainable
(c) is maintainable at the option of co-sharers
(d) is maintainable at the option of court.
Q31. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), with effect from 31-12-2009, which inserted clause (wa) in section 2 in Cr.P.C. defining “victim” as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes
(a) victim’s guardian
(b) victim’s guardian or legal heir
(c) victim’s neighbour
(d) victim’s close friend
Q32 A Magistrate has the power to direct the police to investigate into an offence in IPC under
(a) section 156(1) of Cr PC
(b) section 156(2) of Cr PC
(c) section 156(3) of Cr PC
(d) all of the above.
Q33. In a bailable offence
(a) conditions can be imposed while granting bail by the police officer
(b) conditions can be imposed while granting bail by the court
(c) no condition can be imposed while granting bail by the police officer or by the court
(d) only mild conditions can be imposed by the court only.
Q34. A Metropolitan Magistrate can award sentence of imprisonment -in default of payment of
fine
(a) equal to the term of imprisonment which he is competent to inflict as substantive punishment
(b) not exceeding half of the term of imprisonment which he is competent to inflict as substantive sentence
(c) not exceeding one-third of the term of imprisonment which he is competent to inflict as substantive sentence
(d) not exceeding one-fourth of the term of imprisonment which he is competent to inflict as substantive sentence
Q35 A police officer arresting a person may carry out the personal search of the person
arrested, as provided
(a) under section 50 of Cr PC
(b) under section 51 of Cr PC
(c) under section 54 of Cr PC
(d) under section 56 of Cr PC
Q36 A proclaimed person whose property has been attached can claim the property or the sale
proceeds, on appearance
(a) within 6 months of attachment
(b) within 2 years of attachment
(c) within 3 years of attachment
(d) within 1 year of attachment.
Q37. Who amongst the following is not competent under section 92 of Cr PC to order the postal or telegraph authority to deliver the document(s)/thing
(a) District Magistrate
(b) Judicial Magistrate
(c) Metropolitan Magistrate
(d) none of the above
Q38. Joining of two or more independent and respectable inhabitants of the locality in which
the place is to be searched is the mandate under
(a) section 100(1) of Cr PC
(b) section l0O(2).of Cr PC
(c) section 100(3) of Cr PC
(d) section 100(4) of Cr PC.
Q39. The power to direct investigation under section 156(3) of Cr PC can be exercised by
(a) a Magistrate
(b) a Session judge
(c) both (a) and (b)
(d) either (a) or (b).
Q40 Under section 159 of Cr PC, the Magistrate has the power to
(a) direct-investigation by the police
(b) depute any Magistrate subordinate to him to hold a preliminary inquiry
(c) either (a) or (b)
(d) only (b) and not (a).
Q41. Complaint to the police or statements made to the police that fall within exception 8 of
section 499, I.P.C., can claim
(a) absolute privilege
(b) qualified privilege
c) both absolute as well as qualified privilege
(d) neither absolute nor qualified privilege
Q42. Section 162 of Cr PC provides that
(a) the statement made by a person to the police officer during investigation and reduced to writing, shall be signed by the person making the statement
(b) the statement made by a person to the police officer during investigation and reduced to writing, may not be signed by the person making the statement
(c) no statement made by a person to the police officer during investigation and reduced to writing shall be signed by the person making the statement
(d) statement made by a person to the police officer during investigation and reduced to writing shall be signed by the person making the statement only if the police officer has obtained prior permission of the court to obtain signature thereon.
Q43. The previous statement of a witness which can be used for the purposes of contradicting the witness as provided under the proviso to section 162(1), Cr. P.C., may be the one
(a) reduced in writing
(b) not reduced in writing
(c) oral
(d) either (a) or (b) or (c). ….
Q44 Section 167 of Cr PC authorizes remand of an accused in
(a) police custody
(b) judicial custody
(c) either (a) or (b)
(d) neither (a) nor (b).
Q45. A confessional statement under section 164 of Cr PC can be recorded
(a) during the course of investigation only & not afterwards
(b) during the course of investigation or at any time afterwards before the commencement of inquiry or trial
(c) during investigation as well as during inquiry but before commencement of trial
(d) during the investigation, inquiry or trial.
Q46 In submitting the final report under section 173 of Cr PC, the investigating agency
(a) is obliged to seek the opinion of a public prosecutor
(b) can be compelled by the court-opinion of a public prosecutor
(c) has to carry out a combined operation with the public prosecutor
(d) neither (a) nor (b) or (c)
Q47. Under section 167 of Cr PC, for detention for a total period of 90 days during investigation, the expression ‘for a term of imprisonment not less than 10 years’ means
(a) more than 10 years
(b) upto 10 years
(c) less than 10 years
(d) both (b) & (c).
Q48. Section 125 of Cr PC provides a remedy
(a) by way of summary procedure which is co-extensive with the civil liabilities under the personal law
(b) by way of summary procedure which is co-extensive with the civil liabilities under the civil law
(c) by way of summary procedure which is not co-extensive with the civil liabilities under the personal law or civil law
(d) both (a) and (b)
Q49 A stepmother can claim maintenance under section 125 of Cr PC from her stepson
(a) provided she is childless and widow
(b) provided she is childless, and her husband is incapable of supporting and maintaining her
(c) provided she is childless though her husband is capable of supporting and maintaining her
(d) both (a) and (b).
Q50. An order for maintenance or interim allowance can be cancelled under the circumstances
stated in
(a) under section 125(5) of Cr PC
(b) under section 127(2) of Cr PC
(c) under section 127(3) of Cr PC
d) all the above.
Q51 Period of limitation prescribed for making a complaint to the Court of Sessions in original
jurisdiction is
(a) three months from the date of commission of the offence
(b) six months from the date of commission of the offence
(c) one year from the date of commission of the offence
(d) as provided under section 468 of Cr PC.
Q52 On receipt of a complaint within the meaning of section 2(d) of Cr PC, the Magistrate
(a) has the jurisdiction to conduct an inquiry himself
(b) has the jurisdiction to direct the police to investigate
(c) both (a) & (b)
(d) only (b) & not (a)..
Q53. Cognizance of offence of defamation under Chapter XXI of IPC can be taken (a) on a police report
(b) on a complaint made by an aggrieved person
(c) suo motu
(d) all the above.
Q54. Filing of list of witnesses by the complainant before issuance of summons or warrant to
the accused under section 204 of Cr PC
(a) is mandatory
(b) is directory
(c) neither mandatory nor directory
(d) either mandatory or directory.
Q55. Order of issuance of process against the accused in a complaint case under section 204 of
Cr PC, by the Magistrate
(a) can be reviewed by the court issuing the summons
(b) cannot be reviewed by the Magistrate as under the Cr PC the Magistrate has no powers to review the order
(c) can only be revised by the Court of Sessions or the High Court
(d) both (b) & (c) are correct
Q56. Under section 439 of Cr PC, the jurisdiction to cancel the bail vests with
(a) the Court of Sessions
(b) the High Court
(c) the court of Magistrate
(d) only (a) & (b).
Q57 The personal attendance of the accused can be dispensed with
(a) under section 207 of Cr PC
(b) under section 206 of Cr PC
(c) under section 205 of Cr PC
(d) under section 256 of Cr PC
Q58. If one is accused of an act which may amount to theft, or receiving stolen property or cheating and is charged for theft only and from the evidence it appears that he has committed cheating, he can be convicted for cheating though no charge for cheating has been formally framed, by virtue of
(a) section 214 of Cr PC
(b) section 221 of Cr PC
(c) section 223 of Cr PC
(d) section 224 of Cr PC.
Q59. Under section 248(2) of Cr PC
(a) conviction & sentence can be passed on the same day
(b) conviction & sentence cannot be passed on the same day I
(c) conviction & sentence passed on the same day shall be valid unless occasions failure of justice
(d) both (a) & (c)..
Q60 Under section 311 of Cr PC, a witness can be called
(a) on the motion of the prosecution
(b) on the motion of the defence
(c) on its own motion by the court
(d) all the above.
Q61 Indian Evidence Act was drafted by
(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine.
Q62 Under the Evidence Act, fact means
(a) factum probaiidum
(b) factum probmis
(c) both factuin probaizdum and factum probans
(d) none of the above.
Q63 Question of mode of proof is
(a) a question of law which can be raised at any time ‘.
(b) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity
(c) a question of procedure & can be raised at any time
(d) a mixed question of law & fact.
Q64. Identification of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) section 9 of Evidence Act excludes identification by photo
(d) section 8 of Evidence Act excludes identification by photo.
Q65. Previous conviction of a person is relevant under
a) explanation I to section 14 of Evidence Act
b) explanation II to section 14 of Evidence Act
c) explanation III to section 14 of Evidence Act
d) explanation IV to section 14 of Evidence Act
Q66. Persons who can make admissions are mentioned in
(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.
Q67. A confession to be inadmissible under section 25 of Evidence Act
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
Q68. Facts discovered in consequences of a joint information
(a) are not admissible and can not be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.
Q69. A dying declaration to be admissible
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private person.
Q70. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b)
Q71. Contents of a document under section 59 of Evidence Act
(a) can be proved by oral evidence
(b) can not be proved by oral evidence
(c) may or may not be proved by oral evidence
(d) can only be proved by oral evidence under the order of the court.
Q72 Public documents are mentioned in
(a) section 72 of Evidence Act
(b) section 73 of Evidence Act
(c) section 74 of Evidence Act
(d) section 75 of Evidence Act.
Q73 Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authentication by
(a) a notary
(b) a judge
(c) a magistrate
(d) all the above
Q 74 Section 91 of Evidence Act applies to
(a) transactions which under the law must be in writing
(b) transactions which are reduced into writing voluntarily
(c) both (a) & (b)
(d) only (a) 8: not (b).
Q75 Under proviso 2 to section 92 of Evidence Act oral evidence is admissible
(a) where the instrument provides for the matter sought to be proved and the agreement
sought to be proved is consistent with the terms of the document
(b) where the instrument is silent on the matter sought to be proved and the agreement to be
proved is consistent with the terms of the document
(c) where the instrument is silent on the matter sought to be proved and the agreement to be
proved is inconsistent with the terms of the document
(d) all the above
Q76. Which of the following is true as to the standard of proof in criminal 81; civil proceedings
(a) in criminal proceedings the standard is beyond reasonable doubt and also in civil
proceeding
(b) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings
it is ’upon the balance of probabilities’
(c) in criminal & civil proceedings both it is upon the balance of probabilities’
(d) in criminal proceedings it is ’upon the balance of probabilities’ while in civil ‘beyond
reasonable doubt
Q77. For presumption under section 107 of Evidence Act, the person is to be shown to be alive
(a) within 7 years
(b) within 12 years
(c) within 3 years
(d) within 30 years.
Q78. The deciding factor under section 112 of Evidence Act is
(a) the date of birth of the child
(b) the date of conception of the child
(c) the date of birth or the date of conception depending on the facts & circumstances
(d) only (b) ¬ (a)
Q79 Estoppels are binding
(a) upon litigating parties
(b) upon privies of the litigating parties
(c) upon strangers to the lis
(d) both (a) & (b) only.
Q80 Estoppel operates in case of a tenant
(a) during the continuance of tenancy
(b) who remain in possession after the termination of tenancy by notice to quit
(c) both (a) and (b)
(d) only (a) and not (b
Q81. Privilege under section 121 of Evidence Act is
(a) available to an arbitrator
(b) not available to an arbitrator
(c) may or may. not be available to an
(d) arbitrator both (b) & (c) are correct
Q82 In deciding whether the document falls in the category of ‘unpublished official record’ the court
(a) has the jurisdiction to inspect the documents itself
(b) the court is banned from inspecting the document
(c) the court can compel the production of the document for inspection
(d) both (a) & (c) are correct. –
Q83. Examination in chief of a witness
(a) shall be by the party calling the witness
(b) shall be by the adverse party
(c) both (a) & (b)
(d) either (a) -or (b)
Q84 A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under
(a) section 140 of Evidence Act
(b) section 141 of Evidence Act
(c) section 142 of Evidence Act
(d) section 143 of Evidence Act.
Q 85. The right to cross-examine on an answer to court question is available
(a) to the adverse party only
(b) to the party calling the witness only
(c) to either of the parties if the answer is adverse to either of the parties
(d) only (a) and not (b).
Q86. Examination of witnesses in criminal cases through video conferencing is
(a) permissible
(b) impermissible
(c) permissible at the option of the witness
(d) permissible at the option of the accused
Q87 Which section of the Indian Evidence Act was amended by the Criminal Law
(Amendment) Act, 2005
(a) section 154
(b) section 118
(c) section 32
(d) section 90A
Q88 A Confession to be inadmissible under section 25 of Indian Evidence Act a) must relate to the same crime for which accused is charged b) may relate to the same crime for which the accused is charged c) must related to other crime d) None of the above
Q88 The provision ”hostile witness” is provided under section …… ..of Indian Evidence Act
(a) section 155
(b) section 133
(c) section 154
(d) section 145
Q89. In which of the following cases Supreme Court held that “Test identification parade is only an aid to investigation. The practice is not born out of prudence”?
(a) Siddharth Vashist @ Manu Shzzrma v. State (NCT of Delhi), AIR 2010 SC 2352
(b) Shivaji v. Nagendra, AIR 2010 SC 2261
(c) S. Iaiswal v. Alok, AIR 2010 (NOC) 805
(d) Sujata v. S.K. Behem, AIR 2010 (NOC) 812.
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